NOTE

The Amendments have been arranged in accordance with the Order of the Committee (23rd May).

Norman Baker
Annette Brooke

257

Clause 29, page 29, line 4, at end insert

'(1A) After subsection (2) of section 9E of the 1996 Act there shall be inserted

"(2AA) Where representations are made under this section, the Metropolitan Police Authority shall, where it proposes to exercise the power mentioned in subsection (1), appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a government department) to hold an inquiry into the reasons for the exercise of the power and report to it and shall consider any report made under this subsection.".'.

Mr James Paice
Mr Nick Hawkins

91

Clause 29, page 29, line 14, at end insert 'accompanied by a professional adviser if he or she should so wish.'.

Norman Baker
Annette Brooke

258

Clause 29, page 29, line 14, at end insert

'(2A) After subsection (3) of section 11 of the 1996 Act there shall be inserted

"(3AA) Where representations are made under this section, the police authority shall, where it proposes to exercise the power mentioned in subsection (2), appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a government department) to hold an inquiry into the reasons for the exercise of the power and report to it and shall consider any report made under this subsection.".'.

'(1A) After subsection (2) of section 9E of the 1996 Act there shall be inserted

"(2B) Where the Metropolitan Police Authority has exercised its power under paragraph (a) of subsection (2A) the Commissioner of Police of the Metropolis may make representations to the members appointed under subsection (2AA) concerning the continuance or cessation of that suspension and the members shall have a duty to consider those representations and to make recommendations concerning its continuance or cessation to the police authority which shall consider the recommendations made.".'.

Norman Baker
Annette Brooke

255

Clause 30, page 30, line 15, at end insert

'(2A) After subsection (3) of section 11 of the 1996 Act there shall be inserted

"(3B) Where the police authority has exercised its power under subsection (a) the Chief Constable may make representations to the members appointed under subsection (3AA) concerning the continuance or cessation of that suspension and the members shall have a duty to consider those representations and to make recommendations concerning its continuance or cessation to the police authority which shall consider the recommendations made.".'.

Norman Baker
Annette Brooke

256

Clause 31, page 31, line 8, after 'necessary', insert 'in the light of the degree of alleged inefficiency or ineffectiveness'.

Mr James Paice
Mr Nick Hawkins
Norman Baker
Annette Brooke

92

Clause 31, page 31, line 38, at end insert 'either in person or in writing, or by another person on his behalf'.

Mr James Paice
Mr Nick Hawkins

93

Clause 31, page 31, line 38, at end insert

'( ) Where representations are made under this section, the Secretary of State shall, where he proposes to require the exercise of the power in subsection (1), appoint two or more persons (at least one of whom is not a police officer) to hold an inquiry and report to him, and shall consider any report made.'.

Mr James Paice
Mr Nick Hawkins
Norman Baker
Annette Brooke

128

Clause 31, page 31, line 38, at end insert

'(2AA) Where representations are made under this section, the Secretary of State shall appoint two or more persons (at least one of whom is not a police officer) to hold an inquiry into the reasons for the exercise of the power under subsection (1), and to report to him.'.

Mr James Paice
Mr Nick Hawkins
Norman Baker
Annette Brooke

129

Clause 31, page 31, line 44, at end insert 'and any reports made to him under subsection (2AA)'.

Norman Baker
Annette Brooke

11

Page 30, line 40, leave out Clause 31.

Norman Baker
Annette Brooke

148

Clause 33, page 33, line 18, after 'discipline', insert

'(bb)

the application to special constables, subject to such modifications as may be prescribed by the regulations, of any other provisions made by or under any enactment relating to members of police forces, including dismissal.'.

Clause 35, page 34, line 37, at end insert 'except that the powers conferred on a detention officer can only be exercised in the presence of and on the direction of a constable.'.

Norman Baker
Annette Brooke

143

Clause 35, page 35, line 3, leave out subsection (8).

Mr James Paice
Mr Nick Hawkins

96

Clause 35, page 35, line 13, at end insert

'(9AA) The chief officer shall at all times, in conjunction with the police authority, decide whether to use resources for the employment of civilian officers or regular police officers.'.

Norman Baker
Annette Brooke

142

Clause 35, page 35, line 13, at end insert

'(9A) Before exercising his powers under this section, a chief officer of police of any police force or a Director General must submit to the police authority maintaining that force (the relevant police authority) or, as the case may be, the Service Authority a draft scheme (a "designation scheme") setting out

(a)

the purpose of the proposed designation scheme relating to the designation of persons under this section and the expected benefits for the policing of the area;

(b)

how the designation scheme contributes to the 3 year strategy issued by the authority under section 6A of the Police Act 1996 and the local policing plan issued by the authority under section 8 of that Act or in the case of a Service Authority how the scheme contributes to the Service Plan issued by that authority under section 4 or section 50 of the Police Act 1997;

(c)

the extent and nature of the powers he proposes to confer on designated persons;

(d)

how the suitability and capability of persons to be designated under the scheme will be assessed;

(e)

the arrangements for the provision of training to such designated persons;

(f)

the arrangements for the provision of equipment to such designated persons and any health and safety implications of the proposals; and

(g)

an estimate of the direct and ancillary costs of the scheme to the police fund kept by the police authority or, as the case may be, the service fund kept by the Service Authority.

(9B) The Chief Officer or Director General shall not exercise his powers under this section until the relevant police authority or Service Authority has approved a designation scheme for this purpose.

(9C) Before approving any scheme, or any modified or revised scheme, which differs from the draft scheme submitted by the chief officer or Director General, the relevant police authority or Service Authority shall consult the chief officer or Director General.

(9D) Before approving any such scheme, a police authority shall consider any views obtained by the authority in accordance with arrangements made under section 96 of the Police Act 1996.

(9E) Before approving any such scheme, a Service Authority shall consider any views obtained by it in accordance with arrangements made under sections 41 or 85 of the Police Act 1997.

(9F) The chief officer or Director General may from time to time submit to the relevant police authority or Service Authority a revised or modified scheme for its consideration.

(9G) After a scheme has been approved by the relevant police authority or Service Authority, the chief officer or Director General shall bring into force.

(9H) It shall be the responsibility of the relevant police authority or Service Authority which has approved any scheme under subsection (9B) above to undertake a full review of the workings of the scheme 12 months after it has come into force and in particular to

(a)

seek the views of the principal local authority for the area; and

(b)

monitor the impact of the scheme on public confidence in the force maintained by that authority.'.